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HomeMy WebLinkAbout3C - Credit River Watershed Appointments i ,/ CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: HERITAGE 1891 COMMUNITY 1991 2Q91 1W:~.1~ 3 (c) BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF RESOLUTION 91-42 ON THE FIRST AMENDMENT TO THE JOINT POWER AGREEMENT FOR CREDIT RIVER WATERSHED MANAGEMENT ORGANIZATION AND CONSIDER APPOINTMENT FOR THE CREDIT RIVER AND SHAKOPEE BASIN WMO COMMISSIONER POSITIONS DECEMBER 2, 1991 The purpose of this Agenda item is to consider approving an amended Joint Power Agreement (JPA) for the Credit River Watershed Management Organization (CRWMO) and to reappoint a delegate to represent Prior Lake in the CRWMO and in the Shakopee Basin Water Management Organization (SBWMO). The previous adopted amendment (August 5, 1991) to the JPA retained the seven (7) member Board rather than reducin~ it to a five (5) member Board as per the orig1nal approved JPA (June, 1985). The main difference between this amendment to the JPA and the one presented on August 5, 1991 is that Burnsville and Prior Lake will now jointly appoint one commissioner and New Market Township and Spring Lake Township will now jointly appoint one commissioner. The August 5, 1991 Amendment had the four communities jointl~ appointing two commissioners and th1s amendment was not approved by all local units of government. The change will guarantee that one commissioner will be from a township and one commissioner will be from a city. A Joint Power Agreement for establishin9 a Watershed Commission for the Credit R1ver Watershed was approved by a City Council motion on June 24, 1985. From this Agreement, a Watershed Management Organization was formed as required by the Metropolitan Water Management Act and Minnesota Statute 473.878. The CRWMO has met since 1986 to form a surface water management plan. This plan has been completed and has been approved by the Minnesota Board of Water and Soil Resources (BWSR) on March 27, 1991. 4629 Dakota 51. 5.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 The Metropolitan Surface Water Act applied to the seven county metro area which includes Scott County. In the initial Joint Power Agreement, the membership of the Board consisted of one representative from each of the seven local unit of governments within the CRWMO's boundary. These members and their appointed commissioners were responsible for the preparation and adoption of the initial watershed plan which was recently approved. After adoption of the watershed plan, the Board of Commissioners was to be reduced to five (5) members as per the initial JPA. The Credit River WMO Board has met and believes that a seven member board would provide better representation for the WMO. Enclosed with the Council Agenda packet is the First Amendment to the Joint Power Agreement establishing the CRWMO which amends the membership within the WMO. The amendment would change the Board membership from five to seven. The seven member Board will consist of two commissioners appointed by Credit River Township, two commissioners appointed by the city of Savage, one commissioner appointed by the Cit~ of Lakeville, one commissioner appointed j01ntly by the City of Burnsville and the Cit~ of Prior Lake, and one commissioner appo1nted jointl~ by New Market Township and Spring Lake Townsh1p. The initial JPA had two commissioners each appointed by the Credit River Township and the City of Savage and one commissioner appointed by the rema1ning five local units of government. The current CRWMO Board of Commissioners unanimously approved the draft amendment at its November 14, 1991 Board meeting. The City of Prior Lake has land within three Watershed Management Organizations and one Watershed District. All of the 509 plans for each watershed organization have been approved by BWSR on the following dates: NAME OF WMO APPROVAL DATE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT (PLSLWD) CREDIT RIVER WMO SHAKO PEE BASIN WMO SAND CREEK WMO (SCWMO) MAY 22, 1991 MARCH 27, 1991 APRIL 24, 1991 APRIL 24, 1991 Upon approval of the 509 plan by BWSR as per the JPA of each WMO, the commissioners to the WMO Board are to be reappointed by the local units of government. In the CRWMO, the city of Prior Lake and Burnsville will jointly appoint a commissioner as previously mentioned in this report. In the SBWMO, there are four commissioners representing four local units of government with the City of Prior Lake as one Member. Per the JPA, there will be no change in the number of commissioners on this Board. The city will need to reappoint a commissioner now that the plan has been approved. In the SCWMO, one commissioner will be appointed jointly by the cities of Shakopee and Prior Lake and the Townships of Louisville and Spring Lake. The formation of the new SCWMO Board from 12 members to 7 members has not occurred as yet. The appointment selection for this WMO will be presented to Council at a future date. DISCUSSION: The City of Prior Lake has 700 acres of area within the CRWMO which is the least amount of area among the seven members. The 700 acres is 2.4% of the total 29,941 acres within the WMO. A map is enclosed which shows the acreage of the City within the CRWMO. with this amendment, the cities of Burnsville and Prior Lake need to appoint one permanent commissioner and one alternate commissioner to represent these local units of government. The City of Prior Lake's commissioner for the CRWMO for the preparation and adoption of the watershed plan has been the writer of this report. The City of Burnsville's commissioner has been the City Engineer, craig Ebeling. Both commissioners have met on joint appointment to the CRWMO and it is being proposed that the City of Prior Lake's delegate be the permanent commissioner and the City of Burnsville's delegate be the alternate. The City Managers of both cities are in concurrence with this proposal. The proposed dele~ates to the CRWMO Board of Commissioners 1S Bruce Loney from Prior Lake as the commissioner and Craig Ebeling from Burnsville as the alternate. Another alternative would be to seek an interested resident from Prior Lake who resides in the CRWMO area. But, because the area is so small (700 acres) and the City's role in this WMO minimial, this alternative seems impractical. RECOMMENDATION: ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: The commissioner for the City of Prior Lake in the SBWMO has been the writer of this report. The City of Prior Lake has 1200 acres of area within the SBWMO which is the least amount of area among the four members. The 1200 acres is 9.4% of the total 12,785 acres within the WMO. It is being proposed to Council that Bruce Loney be reappointed as commissioner to the SBWMO Board from the Cit~ of Prior Lake since he has been involved w1th the 509 plan from the beginning. The Council can change this appointment at an~ time prior to the expiration of the comm1ssioner's term. The term length of the CRWMO and SBWMO commissioner appointment is three years and two years, respectively. Recommendation is to approve Resolution No. 91-42 so that the proper City officials can sign the First Amendment to the Joint Power Agreement. Also the recommendation is to approve the appointment of Bruce Loney to be the commissioner of the CRWMO and SBWMO. The alternatives are as follows: 1. Approve Resolution No. 91-42 and approve the appointment of Bruce Loney as Commissioner to the CRWMO and SBWMO for a term length of three (3) and two (2) years, respectively. 2. Disa~prove Resolution No. 91-42 or appo1ntments to CRWMO and SBWMO for specific reasons. 3. Table this item for specific reasons. This item has no impact on the budget. Make a motion, as part of the to approve Resolution No. appointment of Bruce Loney as the CRWMO and SBWMO. Consent Agenda, 91-42 and the Commissioner to HERITAGE 1891 COMMUNITY 1991 '181:.50. It ' 2qJ/ RESOLUTION 91-42 RESOLUTION APPROVING THE FIRST AMENDMENT TO JOINT POWER AGREEMENT ESTABLISHING A WATERSHED COMMISSION FOR THE CREDIT RIVER WATERSHED MOTIONED BY , SECONDED BY WHEREAS, the City of Prior has a portion of its area within the Credit River drainage basin: and WHEREAS, the Metropolitan Surface Water Management Act requires that Storm Water Management plans shall be prepared and implemented over the seven County metropolitan area: and WHEREAS, a Joint Power Agreement has been prepared the Metropolitan Surface Water Management passed and adopted by the City Council on and to implement Act and was June 24, 1985, WHEREAS, an amended Joint Power Agreement has been prepared to retain a seven (7) member Board rather than reducing it to a five (5) member Board. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the amended Joint Power Agreement presented to the City Council on December 2, 1991 for the Credit River Watershed is hereby approved. Passed and adopted this day of , 1991. YES NO Andren Fitzgerald Larson Scott White Andren Fitzgerald Larson Scott White David J. Unmacht City Manager City of Prior Lake {Seal} 4629 Dakota 51. 5.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 I Fax (612) 447-4245 FIRST AMENDMENT TO JOXNT POWERS AGREEMENT ESTABLISHING THE CREDIT RIVER WATER MANAGEMENT COHKISSION The parties to this Agreement are members of the Credit River Water Management Commission. This Amendment is made pursuant to the authority conferred upon the parties by Minn. stat. 1990 Sections 471.59 and 103B.201, et. seq. 1. Existinq Aqreement. The existing Joint Powers Agreement for the Credit River Water Management Commission shall remain in full force and effect, except as specifically amended by this Agreement. 2. Paraqraph 6, Subdivisions 1 and 2 of the Joint Powers Agreement are amended in their entirety to read: SUbdivision 1. The governing body of the Commission shall be its Board, which shall consist of seven. (7) members. The seven (7) member Board shall consist of two (2) Commissioners appointed by Credit River Township, two (2) Commissioners appointed by the City of Savage, one (1) Commissioner appointed by the City of Lakeville, one (1) Commissioner appointed jointly by the City of Burnsville and the City of Prior Lake, one (1) Commissioner appointed jointly by New Market Township and Spring Lake Township. Vacancies in office shall be filled for the remainder of the term by the governing bodies who appointed or had the right to appoint the Commissioner. r11/14/91 Credit River Township shall appoint two (2) alternate commissioners. The City of Savage shall appoint two (2) alternate commissioners. The City of Lakeville shall appoint one (1) alternate commissioner. The city of Burnsville and the City of Prior Lake shall jointly appoint one (1) alternate commissioner, New Market Township and Spring Lake Township shall jointly appoint one (1) alternate commissioner. In the absence of a regular Commissioner, the alternate commissioner may vote and act in the Commissioner's place for which he or she has been designated an alternate. Otherwise, the alternate commissioner may not vote or act as a Commissioner. The alternate, however, shall have only one vote even if more than one regular Commis- sioner from a group is absent. Subdivision 2. The terms of each Commissioner and alternate commissioner shall be three (3) years and until their successors are selected and qualify, and shall commence on July 1, except that the terms of the Commissioners and alternate commissioners first appointed after the adoption of this amendment shall commence from the date of their appointment and shall terminate on June 30, 1994. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. Sec. 471.59. -2- Approved by the Town Board , 1991. Approved by the Town Board , 1991. Approved by the City Council , 1991. Approved by the City Council , 1991. Approved by the City Council , 1991. Approved by the City Council , 1991. Approved by the Town Board , 1991. CREDIT RIVER TOWNSHIP BY: ATTEST: NEW MARKET TOWNSHIP BY: ATTEST: CITY OF BURNSVILLE BY: ATTEST: CITY OF LAKEVILLE BY: ATTEST: CITY OF PRIOR LAKE BY: ATTEST: CITY OF SAVAGE BY: ATTEST: SPRING LAKE TOWNSHIP BY: ATTEST: -3- \ ., ..,.).... /1 .. ~::, I~. ~ ~ ~ .... ~'. ~T 19000 20000 ~ > ... (,",,/II , ~." 21000 " " ;j il~;.~:.! ,'/i.'~ ..'. ,. I - ,~.. ;'!l; "., '.' ":'.1.l'.loo~.~ ...t\l..:z;r~~-w .~> . ..... I '.,.. ( '.;~!Ii 'I I~ " ,,'I...,., f ,.,' .. . . q ,